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Georgia Estate Planning Questions & Answers
1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: How would I get my nephew out of my house? He has been living with my parents who recently died the house is in my name.

Living there on and off for a year and has mail come there.

Homer P Jordan IV
Homer P Jordan IV answered on Jul 20, 2021

If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.

3 Answers | Asked in Estate Planning and Elder Law for Georgia on
Q: We did a will for my hubby who now is in the throes of Alzheimer's. I have Power of Attorney. What if I die first?

Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?

Nina Whitehurst
Nina Whitehurst answered on Jul 16, 2021

No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... Read more »

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1 Answer | Asked in Estate Planning for Georgia on
Q: What is the "costs" to draft a Miller Trust" (i.e. Qualified Income Trust for Nursing Homes).

I am requesting a "estimate quote to have a lawyer draft up a Qualified Income Trust for Long-Term Care (i.e. Medicaid). I have a "Durable Power of Attorney for Finances", a "Durable Power of Attorney for Healthcare" and a "Will" for my mother. My mother has two... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 12, 2021

Attorneys are not allowed to provide direct quotes via this forum. You need to contact an attorney directly for a quote. A quote is normally not given until after a complete consultation. This is similar to a doctor not providing treatment until after a consultation and examination.

A...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Looking for the Georgia code concerning inheritance of an only child. without probation of a will.

Need the code which states an only child must provide three affidavits stating the person is indeed an only child

Michael D. Birchmore
Michael D. Birchmore answered on Jun 25, 2021

Not saying you will find it, but the Probate section of the Official Code of Georgia Annotated (OCGA) can be found here:

https://law.justia.com/codes/georgia/2019/

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Can my Father keep a check written to him from my brother who passed away on 11/7/20. Check dated 11/6/20

My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name,... Read more »

Homer P Jordan IV
Homer P Jordan IV answered on Jun 24, 2021

Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.

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1 Answer | Asked in Estate Planning, Family Law and Probate for Georgia on
Q: Once a ward was granted an emergency conservatorship is it legal to close all wards accounts

Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.

1 Answer | Asked in Estate Planning and Family Law for Georgia on
Q: Is the conservator then allowed to close all your financial ACCTS prior to speaking with ward? I

And is that considered the 60 days from served documents the notice put shows no letters from the courts that were to be mailed or hand delivered? Conservator hasn't as much called or anything to see what he needs but closed all His accounts leaving him w no $ not even being to get gas to... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Jun 14, 2021

I do not understand your question. I'm sorry.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If it states in a will that my father wished to bequest nothing to me do i still get anything by law in Georgia?

My father passed in feb and my sister came up with a new will after 20 yrs of the old one being in place back in dec do i get anything and how do i find out if that will my sister has is real or not.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jun 1, 2021

If she tries to get the will admitted for probate, you can attempt to contest it, if you have valid reasons to believe he was under duress or not competent when it was executed.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Are adopted siblings entitled to a deceased parent's estate after they were awarded back to the State before legal age?
Homer P Jordan IV
Homer P Jordan IV answered on May 27, 2021

It would be wise to consult with an attorney who can review the facts of your case in detail and provide you with guidance. We would need to know more about this case in order to provide you with guidance

1 Answer | Asked in Estate Planning for Georgia on
Q: If named as a beneficiary in a will, am I entitled to a copy of said will?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 24, 2021

If the will is being probated, you should receive a notice of the probate.

1 Answer | Asked in Estate Planning for Georgia on
Q: when a loved ones dies and their wife passed before them does it go to blood relatives or her family which are not blood

my grandad passed and left in his will everything to his wife which was our step grandmother. She passed a few months before him and my grandad left her son-n-law executor. He is telling me that since she is no longer here it will go to her kids instead of us grandkids that are blood. Is this... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 10, 2021

This is a difficult question to answer. It all depends on exactly how the will is written. Generally, the bequest to thee wife will go to the contingent beneficiaries, but not always.

1 Answer | Asked in Estate Planning for Georgia on
Q: In Ga, does my step mom have the right to exhume and cremate my deceased father if she is remarried?

My father has been deceased for 19 years. My step-mom want to exhume his body and cremate him. I am his daughter and I want to see if I have any legal rights to stop her?

My step-mom is currently remarried. Her reason is she doesn't want him there (she pick the place) and she... Read more »

Michael D. Birchmore
Michael D. Birchmore answered on May 6, 2021

As you might imagine, we don't see this issue come up every day. Without doing much research on this, I am providing to you a statue (law) which might mean your mother could be charged with a felony for doing this.

++++++++++++++

OFFICIAL CODE OF GEORGIA ANNOTATED

§...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Can an executor be exempt from fiduciary duties if the will stated they can be relieved from any bond?

Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.

Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on May 2, 2021

Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Wife died. no will. House in her name. Who inherits? Just husband? Or husband and children? state of GA
Homer P Jordan IV
Homer P Jordan IV answered on Apr 23, 2021

A house would typically be considered marital asset, and it was likely both hers and her husband’s. We would need to know more details to provide additional information specific to this situation.

1 Answer | Asked in Estate Planning for Georgia on
Q: I want to change beneficiaries to my will, can I do a codicil and assign witnesses myself?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Any changes to a will must be executed in the same manner as the original will. You will need witnesses and a notary.

2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My father died with out a will. I have siblings born out of wedlock , no DNA results. Probate Court worth COUNTY Ga

They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but... Read more »

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Apr 13, 2021

As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.

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1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Georgia on
Q: A joint mortgage with our daughter & husband: if there's a financial judgment on them is whole home susceptible or 1/4?

In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?

Michael D. Birchmore
Michael D. Birchmore answered on Mar 18, 2021

There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... Read more »

1 Answer | Asked in Contracts, Estate Planning, Civil Litigation and Probate for Georgia on
Q: My fiance died. We lived in the home together but his mother is cosigner. She stole our bed and won't let me have it.

What do I do to get it back? He died in that bed with me.

Homer P Jordan IV
Homer P Jordan IV answered on Mar 15, 2021

My condolences regarding your fiancé passing. You may want to try asking her nicely if you can have it simply because it has sentimental value to you.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: If a descendant of a deceased loved one pays for the funeral of the deceased are they the temporary admin of estate?

For example the father passed he had no living relatives but two children. child one says they knew about a will but it is no longer there, the court system has no record of any will being filed. Child two payed for the funeral funds as well as has some of the deceased persons property. Child one... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2021

Without a Will being probated, the Decedent died intestate. His heirs at law are the owners of the land, as tenants in common of undivided interest. Hire an attorney to determine heirship, file an Affidavit of Heirship, and possibly draft a Deed for the other heirs to transfer to one heir.... Read more »

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: i am my grandmother's heir at law. Her son, my father, was deceased before my grandmother.

He was not named in the will. Am i entitled to inherit anything from my grandmother's estate as heir at law?

Also, am I required to sign the petition to probate will?

Homer P Jordan IV
Homer P Jordan IV answered on Mar 2, 2021

You should consult with a probate attorney who can review the facts of your case in detail and provide you with guidance.

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